New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 586
Executive Department
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9 NYCRR 586.1 - Purpose of this Part
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
This Part implements the State Environmental Quality Review Act (SEQR) and establishes criteria for determining whether actions under consideration by the agency will have a significant effect on the environment.
9 NYCRR 586.2 - Definitions
Source version current through Sep 15, 2021
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
The definitions contained in section 8-0105 of SEQR and 6 NYCRR 617.2 apply to this Part. The definitions in section 570.3 of this Title also apply, except when in direct conflict with the definitions governing this Part.
9 NYCRR 586.3 - General rule
Source version current through Sep 15, 2021
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
The agency will not carry out, fund, approve or issue a final decision on any action until there has been full compliance with SEQR, this Part, and 6 NYCRR Part 617.
9 NYCRR 586.4 - Certain agency and local actions exempt
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
An environmental impact statement is not required for review and action upon class A regional projects or class B regional projects by the agency or by local governments acting pursuant to an agency-approved local land use program.
9 NYCRR 586.5 - Lists of actions
Source version current through Jun 30, 2025
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jun 30, 2025
(a)Type I.
The following actions are likely to require preparation of environmental impact statements (EIS's) because they are likely to have a significant effect on the environment:
(1)Review and action upon requests to amend the official Adirondack Park Land Use and Development Plan Map which would permit the construction of 50 or more principal buildings than presently allowed by the official map, or approval of any application or series of related applications to amend the map where the amendments would cumulatively exceed such threshold, except amendments pursuant to section 805(2)(c)(4) of the Adirondack Park Agency Act. A generic statement has been prepared upon the process by which the agency amends the official map.
(2)Recommendations to the Governor and Legislature of amendments to the official Adirondack Park Land Use and Development Plan Map.
(3)Additions to the classification of compatible uses lists, or recommendations to the Governor and Legislature of subtractions therefrom, pursuant to section 805(3)(b) of the Adirondack Park Agency Act.
(4)Approval of local land use programs.
(5)The approval of any rivers project which involves the construction of a boathouse, bridge, public road, trail for motorized open space recreational use, river area utility use that will be located within the applicable setback distance in section 577.6(b) of this Title, or habitable structure (except a single family dwelling or mobile home), except:
(i)projects which are also subject to the jurisdiction of the agency or local government pursuant to section 809 or 808 of the Adirondack Park Agency Act, respectively;
(ii)projects which require a certificate of environmental compatibility and public need under article seven or eight of the Public Service Law; or
(iii)subdivisions of less than five lots, parcels or sites.
(6)The preparation and submission to the Governor of proposed major amendments of the master plan for the management of State lands pursuant to section 816(2) of the Adirondack Park Agency Act, including:
(i)any proposed reclassification of land from a more restrictive to a less restrictive category;
(ii)the designation of a new travel corridor;
(iii)material changes in the guidelines applicable to each classification;
(iv)any periodic review of the entire plan, as called for therein. A generic statement has been prepared on the process by which the agency proposes amendments to the plan.
(7)Preparation of minimum land use regulations, approval of local land use regulations, and framing of land use regulations pursuant to section 24-0805 of the Environmental Conservation Law.
(8)The transfer of agency jurisdiction over freshwater wetlands pursuant to section 24-0803 of the Environmental Conservation Law, including the determination of wetlands subject to the transfer.
(9)The approval of a land management plan pursuant to section 577.9 of this Title.
(10)Revision to the rules and regulations of the agency which effects substantive changes in agency jurisdiction, or in the project review or map amendment functions, or in the local planning assistance program.
(b)Type II.
The following actions do not have a significant effect on the environment and do not require an environmental impact statement:
(1)Contracting, including the contracting for or acceptance of professional and technical assistance or advice, or any funding or planning activities not in respect to type I actions listed in 6 NYCRR section 617.4 or in subdivision (a) of this section.
(2)The preparation and submission to the Governor of any amendments to the master plan for the management of State land not listed as a type I action in paragraph (a)(6) of this section.
(3)The adoption, amendment or repeal of rules and regulations, except for a revision listed in paragraph (a)(10) of this section.
(4)The approval of any rivers project not listed as a type I action in paragraph (a)(5) of this section.
(5)The approval of any wetlands project not subject to the jurisdiction of the agency pursuant to section 809 of the Adirondack Park Agency Act.
(6)The preparation and distribution of any report required by section 804(10) of the Adirondack Park Agency Act.
(7)The granting of individual variances and shoreline clustering permits pursuant to section 806 of the Adirondack Park Agency Act, the reversal of variances pursuant to section 808(3) of the Act, and the granting of individual variances pursuant to Part 577 of this Title.
9 NYCRR 586.6 - Information required of applicants
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)The agency may require an applicant to include as a part of any application or other required filing such reasonable information, including a completed environmental assessment form, as is necessary to assist it in:
(1)determining whether an action is exempt or excluded;
(2)determining whether an action may have a significant effect on the environment;
(3)determining whether other agencies, including Federal agencies, have jurisdiction over the action or any portion of it; or
(4)preparation of an environmental impact statement, if required, and if prepared by the agency.
(b)No application or submission pursuant to section 814 of the Adirondack Park Agency Act, or any other statute or regulation, shall be considered complete until such information is submitted.
9 NYCRR 586.7 - Threshold determination
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
As early as possible in its formulation of an action it proposes to undertake, or upon receipt of any application, notice or filing which involves an action, the agency will determine whether the action:
(a)is subject to SEQR;
(b)is an exempt or type II action, in which case it shall have no further obligation under SEQR or 6 NYCRR Part 617;
(c)is an excluded action pursuant to ECL section 8-0111(5);
(d)involves a Federal agency, in which case it shall act pursuant to ECL section 8-0111(1) or (2) and 6 NYCRR section 617.15;
(e)involves one or more other agencies, in which case it shall act pursuant to ECL section 8-0111(6) and 6 NYCRR section 617.6 to establish a lead agency.
9 NYCRR 586.8 - Negative declarations
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)If the agency determines that an action is a type I action or unlisted action subject to SEQR and will not have a significant effect upon the environment, it shall prepare, maintain and file a notice of determination that an EIS will not be prepared (“negative declaration”) and written analyses and findings supporting such determination in accordance with 6 NYCRR sections 617.7 and 617.12 and in the file referred to in subdivision (b) of this section.
(b)In order to afford the opportunity for public notice and response, the agency will keep a separate file, updated monthly, containing a brief description of determinations made pursuant to this section, and will incorporate reference to the negative declaration in other notices required by law in connection with the action.
9 NYCRR 586.9 - Positive declarations
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)If the agency determines that a type I or unlisted action is subject to SEQR and may have a significant effect on the environment, it shall prepare, maintain and file a notice of determination that an EIS will be prepared (“positive declaration”) and maintain written analyses and findings supporting such determination in accordance with 6 NYCRR sections 617.7 and 617.12 and in the file referred to in section 586.8(b) of this Part.
(b)In order to provide an opportunity for public notice and response, the agency will file positive declarations monthly in the file referred to in section 586.8(b) of this Part, and will incorporate reference to the positive declaration in other notices required by law in connection with the action.
9 NYCRR 586.10 - Form and contents of draft and final environmental impact statements
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
Environmental impact statements shall conform to the requirements of 6 NYCRR section 617.9 as to form and content.
9 NYCRR 586.11 - Notice of completion of draft environmental impact statement; filing of draft environmental impact statement
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)Upon completion of a draft environmental impact statement, or upon acceptance of a draft environmental impact statement from an applicant pursuant to 6 NYCRR section 617.9, the agency shall prepare and file a notice of completion in accordance with 6 NYCRR section 617.12.
(b)In order to provide an opportunity for public response the agency shall, in addition to the filing required by 6 NYCRR section 617.12, file its notices of completion and draft environmental impact statements in the file referred to in section 586.8(b) of this Part and will incorporate reference to them in notices required by law in connection with the action.
9 NYCRR 586.12 - Public hearing
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)Upon completion of the draft environmental impact statement, or upon acceptance of a draft environmental impact statement from an applicant pursuant to 6 NYCRR section 617.9, the agency shall determine whether to conduct a public hearing thereon, based upon:
(1)the degree of interest shown by other persons in the action;
(2)the extent to which a public hearing can aid its decision-making process by providing a forum for, or an efficient method for the collection of, public comment; and
(3)the criteria set forth in section 580.2 of this Title.
(b)Unless a different time period is provided by statute or regulation for the holding of a public hearing:
(1)the notice of hearing shall be published at least 14 calendar days in advance thereof, in a newspaper of general circulation in the area of potential impacts and effects of the action; and
(2)the hearing shall commence not less than 15 nor more than 60 calendar days after the filing of the draft environmental impact statement.
(c)If the public hearing is one for which the agency otherwise has authority to conduct, the public hearing shall be conducted according to the procedures governing such hearing. If the public hearing is not otherwise authorized, it may be conducted in the manner provided in Part 580 of this Title, or in such other manner as the agency shall direct.
9 NYCRR 586.13 - Final environmental impact statement
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)The final environmental impact statement shall be prepared within 45 calendar days after the close of any hearing, or within 60 calendar days after the filing of the draft environmental impact statement, whichever occurs last; the last date for preparation may be extended pursuant to 6 NYCRR section 617.9(a)(5)(ii).
(b)If the action has been withdrawn, or if, on the basis of the draft environmental impact statement or hearing, the agency determines that the action will not have a significant effect on the environment, it will not prepare a final environmental impact statement but will prepare and file its determination in accordance with 6 NYCRR section 617.9(a)(5)(ii).
(c)The filing of a notice of completion of a final environmental impact statement and the filing of the statement itself shall take place in the same manner as a draft environmental impact statement in accordance with 6 NYCRR section 617.12. Final environmental impact statements and notices of completion shall also be filed in the file referred to in section 586.8(b) of this Part.
(d)The notice of completion shall conform to 6 NYCRR section 617.12 in form and content.
9 NYCRR 586.14 - Approval or disapproval of action; required findings
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)Agencies and the public shall be afforded a reasonable time period, not less than 10 calendar days, in which to consider the final environmental impact statement. A decision on an action involving an applicant shall be made within 30 calendar days following the filing of a final Federal or SEQR environmental impact statement. The time period for decision may be extended for good cause.
(b)No final decision whether to commence, engage in, fund or approve an action that has been the subject of a final environmental impact statement shall be made until the specific written findings and statement required by 6 NYCRR section 617.11 are prepared and filed in accordance with 6 NYCRR section 617.12 and in the file referred to in section 586.8(b) of this Part.
9 NYCRR 586.15 - Applicability of regulations of the Commissioner of Environmental Conservation
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
The provisions of 6 NYCRR Part 617 shall govern any matters not specifically addressed in this Part, and except in cases of direct conflict shall apply in addition to the provisions of this Part.